Houston man’s kidnapping, rape charges dismissed

Quanell X, leader of the New Black Panther Party, during a visit to the South Acres street where he grew up, Wednesday, Oct. 26, 2016, in Houston. Quanell spent time dealing drugs in the area, especially at the intersection three doors down from his grandmother's house. ( Mark Mulligan / Houston Chronicle ) less

Quanell X, leader of the New Black Panther Party, during a visit to the South Acres street where he grew up, Wednesday, Oct. 26, 2016, in Houston. Quanell spent time dealing drugs in the area, especially ... more

Photo: Mark Mulligan, Staff / Houston Chronicle

Photo: Mark Mulligan, Staff / Houston Chronicle

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Quanell X, leader of the New Black Panther Party, during a visit to the South Acres street where he grew up, Wednesday, Oct. 26, 2016, in Houston. Quanell spent time dealing drugs in the area, especially at the intersection three doors down from his grandmother's house. ( Mark Mulligan / Houston Chronicle ) less

Quanell X, leader of the New Black Panther Party, during a visit to the South Acres street where he grew up, Wednesday, Oct. 26, 2016, in Houston. Quanell spent time dealing drugs in the area, especially ... more

Photo: Mark Mulligan, Staff / Houston Chronicle

Houston man’s kidnapping, rape charges dismissed

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Felony charges accusing a 24-year-old Houston man of raping and robbing a woman at gunpoint have been dismissed, the Harris County District Attorney’s Office confirmed Thursday.

Usasveus Devol Austin, who also goes by the alias Kevin Jackson, was arrested last year and held on bail of $310,000 after it was alleged he committed a home invasion and assaulted a female resident.

“My family has been torn apart by this,” Austin said Thursday. “Friends and family kept asking me what was going on. It’s been hard.”

His arrest generated widespread headlines because community activist Quanell X, apparently working with the alleged victim, demanded that Austin be held without bail.

"He should not have a bond. This is an outrage,” the activist said after the arrest.

Quanell X said Thursday that he had heard from both sides and is still investigating what happened.

“If (the victim) lied on that man, she should face charges for filing those charges,” he said.

Austin was accused of raping a woman in a home invasion, making her withdraw money from her bank account, taking her back to her home and sexually assaulting her a second time.

However, when his case went to trial in district court on Tuesday, Austin’s defense lawyers produced text messages between Austin’s girlfriend and the alleged victim leading prosecutors to dismiss the charges, Austin said.

Dane Schiller, a spokesman for the district attorney’s office, confirmed prosecutors dismissed charges of aggravated sexual assault and aggravated kidnapping.

Since a jury had been empaneled and the trial had begun, Austin cannot be tried again for the allegations. He is protected by the prohibition against double jeopardy provided by the U.S. Constitution.

Austin still faces a burglary charge after allegedly breaking into a southwest Houston Chick-Fil-A in April 2017. Police said he was arrested fleeing the restaurant, but Austin said he did not break in.

Brian Rogers covers Houston crime and courts. You can email him at brian.rogers@chron.com or follow him on Twitter at @brianjrogers